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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39027
Experience:  Retired (mostly)
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Can I exclude my wife from my workers compensation policy if

Customer Question

Can I exclude my wife from my workers compensation policy if we were married after i started my business. My insurance copany is telling me that a new california law says that if I started my business before I married my wife then I can not exclude her from my workers compesation policy
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.

Yes I am still waiting for a reply

Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  socrateaser replied 5 years ago.

Customer service asked me to review your question. Sorry for the delay.

I find no "new" law concerning this subject matter enacted in California during the past 10 years.

If your spouse is an employee of your business, then she must be covered by workers' compensation insurance, unless:

(1) your business is a corporation, and
(2) all of the employees of the corporation are also the only officers or directors of the corporation. See Labor Code 3351(c).

For example, if you are the only officer and director of your corporation, and you have employed your spouse, but you have not made her an officer or director of the corporation, then you must provide workers' comp coverage for your spouse. If you make your spouse and officer or director of the corporation, then you do not have to provide coverage for her.

Note; If I'm misunderstanding your question, feel free to clarify.

Hope this helps.

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